Bill Text: AZ HB2674 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Water; substitute acreage
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2020-03-16 - Senate consent calendar [HB2674 Detail]
Download: Arizona-2020-HB2674-Introduced.html
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REFERENCE TITLE: water; substitute
acreage |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2674 |
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Introduced by Representatives Griffin: Bowers, Dunn, Nutt |
AN ACT
amending Title
45, chapter 1, article 6, Arizona Revised Statutes, by adding sections
45-172.01 and 45-172.02; relating to waters.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 45, chapter 1, article 6, Arizona Revised Statutes, is amended by adding sections 45-172.01 and 45-172.02, to read:
45-172.01. Flood damaged acres;
substitution of acres; definition
A. a person who owns acres of land
that may be irrigated lawfully may permanently retire those acres from
irrigation and substitute for those acres the same number of acres in the same
CONTIGUOUS farming unit if the owner demonstrates to the director's
satisfaction that both of the following apply:
1. The legally irrigated acres were
damaged by floodwaters after being irrigated.
2. It is not economically feasible to
restore the flood damaged acres to irrigation use.
b. The substitution of acres as
prescribed in this section does not affect the person's existing or vested
rights to the use of water, and any water diverted or used after the
substitution of acres shall not exceed the vested rights to water that exist at
the time of SUBSTITUTION.
Notwithstanding section 45-172, a person shall not sever a water right
and transfer it from the substitute acres.
C. For the purposes of this section,
"Floodwaters" means a temporary and erosive overflow of waters on
lands that are not normally covered by water and that occurred after January 1,
1975.
45-172.02. Impediments to
efficient irrigation; substitution of acres; definition
A. A person who owns acres of land
that are contiguous and that may be irrigated lawfully may apply to the
director to permanently retire a portion of those acres from irrigation and
substitute for the retired acres the same number of acres. The director may approve the substitution of
acres if the owner demonstrates to the director's satisfaction that all of the
following apply:
1. A limiting condition associated
with the acres to be retired from irrigation substantially impedes the implementation
of efficient irrigation practices on the legally irrigated acres.
2. The substitution of acres will
substantially reduce the limiting condition and will substantially facilitate
the implementation of efficient irrigation practices.
3. The substitute acres are within
the same farm unit as the legally irrigated acres that will not be retired.
4. If the acres to be retired are
located within the exterior boundaries of an irrigation district, the
substitute acres must be located within the exterior boundaries of the same
irrigation district.
5. The area of land within the
substitute acres that is physically capable of being irrigated at the time the
application for substitution of acres is filed does not exceed the area of land
within the acres to be retired that is physically capable of being irrigated at
the time the application for substitution of acres is filed.
6. The acres of land are contiguous.
b. The substitution of acres as
prescribed in this section does not affect the person's existing or vested
rights to the use of water and any water diverted or used after the
substitution of acres shall not exceed the vested rights to water that exist at
the time of SUBSTITUTION.
Notwithstanding section 45-172, a person shall not sever a water right and
transfer it from the substitute acres.
C. For the purposes of this section, "limiting condition" means any condition that limits the achievement of efficient irrigation on the lawfully irrigated acres, including irregularly shaped legally irrigated acres and poor quality soils.
